CHAPTER 21. INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS
SERVICE PROVIDERS
Subchapter A.
§21.7.
GENERAL PROVISIONS AND DEFINITIONS. Standards of Conduct.
(a)
Standards of conduct for parties.
(1) Every person appearing in any proceeding shall comport himself or herself with dignity,
courtesy, and respect for the commission, presiding officer, and all other persons
participating in the proceeding. Professional representatives shall observe and practice the
standard of ethical and professional conduct prescribed for their professions. In particular,
lawyers are reminded of their responsibilities under the Texas Disciplinary Rules of
Professional Conduct, §§3.01, 3.02, 3.03 and 3.04.
(2)
Upon a finding of a violation of paragraph (1) of this subsection, any party, witness, attorney,
or other representative may be excluded by the presiding officer from the proceeding in
which the violation transpired for such period and upon such conditions as are just, or may
be subject to sanctions in accordance with §21.71 of this title (relating to Sanctions). A
decision by a presiding officer to exclude a party, witness, attorney, or other representative
shall be subject to immediate appeal to the commission.
(b)
Communications.
(1)
Ex parte communications. Unless required for the disposition of ex parte matters
authorized by law, a presiding officer assigned to render a decision may not communicate,
directly or indirectly, in connection with any substantive issues currently the subject of a
dispute resolution proceeding before that presiding officer with any person, party, or their
representatives, except on notice and opportunity for all parties to participate. Members of
the commission or a presiding officer assigned to render a decision may communicate ex
parte with employees of the commission who have not participated in any hearing in the case
for the purpose of utilizing the special skills or knowledge of the commission and its staff in
evaluating the evidence.
(2)
Communications between presiding officers and Commissioners and employees of the
commission acting as advisors to Commissioners. Unless required for the disposition of
ex parte matters authorized by law, a presiding officer assigned to render a decision may not
communicate, directly or indirectly, in connection with any substantive issues currently the
subject of a dispute resolution proceeding before that presiding officer with any
commissioner, or with an employee of the commission acting as an advisor to the
commission, except on notice and opportunity for all parties to participate.
(3)
Application to arbitration team. As used in this section, the term "presiding officer"
includes all members of the arbitration team.
(c)
Standards for recusal of presiding officers. Presiding officers shall disqualify themselves or shall
recuse themselves on the same grounds and under the same circumstances as specified in the Texas
Rules of Civil Procedure, Rule 18b.
(d)
Motions for disqualification or recusal of a presiding officer.
(1)
Any party may move for disqualification or recusal of a presiding officer stating with
particularity the grounds why the presiding officer should not preside. The grounds may
include any disability or matter, not limited to those set forth in subsection (c) of this section.
The motion shall be made on personal knowledge, shall set forth such facts as would be
admissible in evidence, and shall be verified by affidavit.
(2) The motion shall be filed within five working days after the facts that are the basis of the
motion become known to the party. The motion shall be served on all parties by hand
delivery, facsimile transmittal, or overnight courier delivery.
(3) Written responses to motions for disqualification or recusal shall be filed within three
working days after the receipt of the motion. The presiding officer may require that
responses be made orally at a prehearing conference or hearing.
§21.7--1
effective date 03/01/04
CHAPTER 21. INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS
SERVICE PROVIDERS
Subchapter A.
GENERAL PROVISIONS AND DEFINITIONS.
§21.7(d) continued
(4) (5) (6)
(7)
(e)
The presiding officer shall not rule on any issues that are the subject of a pending motion for
recusal or disqualification. The commission shall appoint another presiding officer to
preside on all matters that are the subject of the motion for recusal until the issue of
disqualification is resolved.
The parties to a proceeding may waive any ground for recusal or disqualification after it is
fully disclosed on the record, either expressly or by their failure to take action on a timely
basis.
If the presiding officer determines that a motion for disqualification or recusal was frivolous
or capricious, or filed for purposes of delaying the proceeding, sanctions may be imposed in
accordance with §21.71 of this title.
Disqualification or recusal of a presiding officer, in and of itself, has no effect upon the
validity of rulings made or orders issued prior to the time the motion for recusal was filed.
Subsequent proceedings. A commission employee who has participated as a mediator under §21.91
of this title (relating to Mediation), a presiding officer under §21.95 of this title (relating to
Compulsory Arbitration), or a staff member designated as an advisor to the presiding officer under
§21.95 of this title may not participate as an advisor to Commissioners in any subsequent commission
proceedings concerning the review and approval of the resulting agreement pursuant to the Federal
Telecommunications Act of 1996 (FTA) §252(e), except in cases where two or more of the
Commissioners act as the presiding officer. In a proceeding to approve an arbitrated agreement
pursuant to §21.99 of this title (relating to Approval of Arbitrated Agreements), the commission or the
presiding officer may call upon an employee who has participated on the arbitration team under this
chapter to the extent necessary to explain the arbitration team's final decision.
§21.7--2
effective date 03/01/04